People v. Scott

Michigan Court of Appeals

People v. Scott

205 N.W.2d 291, 44 Mich. App. 462, 1973 Mich. App. LEXIS 1017

CourtMichigan Court of Appeals

DecidedJanuary 18, 1973

DocketDocket 12768

StatusPublished

Cited by8 cases

This text of 205 N.W.2d 291 (People v. Scott) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Scott, 205 N.W.2d 291, 44 Mich. App. 462, 1973 Mich. App. LEXIS 1017 (Mich. Ct. App. 1973).

Pincite

Opinion

Per Curiam.

Defendant appeals by right from his jury-based conviction of breaking and entering a business establishment with felonious intent. MCLA 750.110; MSA 28.305. Two issues are presented for our consideration. ¡

First, were the trial court’s findings of fact at the Walke 1 hearing to determine the voluntariness of defendant’s statement to the police clearly erroneous? The testimony was in conflict; the trial judge, who saw and heard the witnesses, was in the best position to judge their credibility. We have examined the entire record, People v Stanis, 41 Mich App 565, 576 (1972), and we are not left with a definite and firm conviction that a mistake was committed. Cf. People v Hubbard, 19 Mich App 407, 413 (1969). The trial court’s findings are amply supported by the record, People v Yacks, 38 Mich App 437, 440 (1972), and must therefore prevail. Moreover, the trial judge correctly excluded the testimony of Mr. Edwards; the proffered testimony was clearly hearsay (statement of past state of mind), and not within the scope of any *464 recognized exception to the hearsay rule. Cf. People v Freeman, 32 Mich App 321, 323 (1971) (exception for declarations of present state of mind); McCormick, Evidence (2d ed), §§ 294-296, pp 694-704.

Second, did the trial court err in overruling defendant’s objection to the admission of certain real evidence, seized pursuant to an allegedly invalid search warrant from the residence of defendant’s girlfriend? The answer must be "no”. Defendant, who, the record shows, lives elsewhere, has no standing to maintain this Fourth Amendment objection. People v Joshua, 32 Mich App 581, 585 (1971).

Affirmed.

1

People v Walker, 374 Mich 331 (1965).

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Per Curiam.

Defendant appeals by right from his jury-based conviction of breaking and entering a business establishment with felonious intent. MCLA 750.110; MSA 28.305. Two issues are presented for our consideration. ¡

First, were the trial court’s findings of fact at the Walke 1 hearing to determine the voluntariness of defendant’s statement to the police clearly erroneous? The testimony was in conflict; the trial judge, who saw and heard the witnesses, was in the best position to judge their credibility. We have examined the entire record, People v Stanis, 41 Mich App 565, 576 (1972), and we are not left with a definite and firm conviction that a mistake was committed. Cf. People v Hubbard, 19 Mich App 407, 413 (1969). The trial court’s findings are amply supported by the record, People v Yacks, 38 Mich App 437, 440 (1972), and must therefore prevail. Moreover, the trial judge correctly excluded the testimony of Mr. Edwards; the proffered testimony was clearly hearsay (statement of past state of mind), and not within the scope of any *464 recognized exception to the hearsay rule. Cf. People v Freeman, 32 Mich App 321, 323 (1971) (exception for declarations of present state of mind); McCormick, Evidence (2d ed), §§ 294-296, pp 694-704.

Second, did the trial court err in overruling defendant’s objection to the admission of certain real evidence, seized pursuant to an allegedly invalid search warrant from the residence of defendant’s girlfriend? The answer must be "no”. Defendant, who, the record shows, lives elsewhere, has no standing to maintain this Fourth Amendment objection. People v Joshua, 32 Mich App 581, 585 (1971).

Affirmed.

1

People v Walker, 374 Mich 331 (1965).

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205 N.W.2d 291, 44 Mich. App. 462, 1973 Mich. App. LEXIS 1017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-scott-michctapp-1973.

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